Woman jailed in condo theft

RICHARD PRIORrichard.prior@staugustine.com

Published Saturday, November 08, 2008

The ex-bookkeeper of The Ocean Gallery was ordered Friday to replace the $63,000 she stole, compensate the condominium's insurance company, pay $11,000 for the two forensic audits that uncovered her crime, complete nine years of probation and serve 60 days behind bars.

The restitution levied against Michele Lombardi Mrwik satisfied the prosecution and the victims. The jail term was about 300 days short of what they wanted.

"This is not one of those split-second decisions," said Assistant State Attorney Carlos Mendoza in arguing for a sentence that included a year in jail. "This was not impulse."

Mrwik, 56, told St. Johns Circuit Judge Wendy W. Berger she "never intended to keep" the money she took between Dec. 23, 2005, and March 17, 2007.

"I thought I'd put it back," she told the judge. "I needed it, and it was there."

"It was the chicken way out ... to pay bills, living expenses for my family," she added.

Mrwik was charged originally with an organized scheme to defraud (more than $50,000), a first-degree felony punishable by up to 30 years in prison and a $10,000 fine.

The prosecution later filed an amended charge of grand theft over $20,000. The second-degree felony is punishable by up to 15 years in prison and a $10,000 fine.

Defense attorney Stephen Alexander argued at an August hearing that a prosecutor as well as a detective with the St. Johns County Sheriff's Office said Mrwik would get a nonjail diversion program in exchange for her cooperation.

The detective and the prosecutor denied making such an offer.

"This was a first-degree felony pled down to a second-degree felony," said Mendoza, urging a year in jail. "I can't think of a (diversion program) being offered to anyone charged with a first-degree felony."

Alexander argued again Friday that his client deserved special consideration because she had cooperated fully with the investigation.

A representative of The Ocean Gallery Property Owners Association scoffed at the suggestion.

"This attempt to pay back is mysterious," said James Osgard, a condominium owner and a member of the board. "We heard a lot about cooperation. That's not the Michele Mrwik we dealt with."

Osgard said Mrwik's "last transaction" was to siphon off $7,000 "as she was going out the door" on her last day at work in early 2007.

As the bookkeeper, Mrwik was paid $60,000 a year and was the highest-paid employee at the condominium, Osgard said.

Her actions delayed paychecks for other employees, who also had their health care coverage interrupted because there weren't sufficient funds to cover the bills, he added.

The thefts reportedly came to light when Compass Bank notified The Ocean Gallery board of "suspicious activity" with transfers from the condominium's accounts to Mrwik's.

A certified public accountant who conducted a forensic audit said Mrwik did "whatever she could to cloud and obfuscate her efforts," said The Ocean Gallery's general manager, Scott Simmons.

Mrwik's husband, Robin, tried to take the blame for his wife's actions "because I became ill, and she didn't want things to go to pieces."

He said a respiratory illness has left him with 60 percent of his lung capacity, and he has to rely on oxygen.

"I'm always hoping to be better," Robin Mrwik said, tearing up as he asked the judge to be merciful. "There's always a setback. I went to the hospital. These things kept piling up. It's all my fault."

Berger interrupted him to put the blame back on Michele Mrwik.

"It's absolutely, 100 percent, not your fault," the judge said.

Michele Mrwik agreed.

"It's my fault, my actions," she said, apologizing to The Ocean Gallery homeowners and her family.

Up until two years ago, "You led a law-abiding life," Berger told the defendant. "I don't know what makes a person do this type of thing."

Berger said she was going below the recommended jail term because Mrwik had no previous criminal record, cooperated with the investigation and was led to believe she would go into a diversion program.

The 60 days in jail are part of one year of community control, essentially house arrest.

The judge will consider early termination if Mrwik completes half of her probation period with no problems.

"I don't necessarily think you're a bad person, but you did a bad thing by stealing this money," Berger said. "You made a bad choice, and you're going to have to suffer the consequences for that choice.